Talk About The New Characteristics Of The Subject And Type Of The Neighbouring Relations In The Housing District

In the modern society, the housing district becomes urban main modes of inhabitting of people. The district demonstrates the building three-dimensional melting, characteristic with great density of population, the neighbouring relations become more complicated too, the subject and type of the neighbouring relations case demonstrate the new characteristic. So, this text limits research range in the characteristic frame that this reflects the cities and towns extensively to live in the housing district, make every effort to make the research contents more concrete, deeper, have practical value even more too.Development overview of the system of neighbouring relations that the article has been explained at first, think the system of neighbouring relations ancient, but does not develop progressively until capitalist period perfectly. The neighbouring relations of the building have formed and developed gradually and substantiated and expanded the content and field of the neighbouring relations in the especially western civil law. While understanding the concept of the neighbouring relations, it is " adjoint" to clarify Meaning particularly important. It not merely borders on neighbouring relation between real estate, necessity that also neighbouring relations adjustment take place in a large number of between the real estate that actual life adjoins or borders on Central Africa.It belongs to the characteristic that the article continues the concept and right of the clear housing district. The adjusting range of the neighbouring relations in the housing district should include land neighbouring relations and neighbouring relations of the building. Because there is complexity of many kinds of real estate thing in a housing district, have determined that there is ownership subject pluralism of adjoint real estate. So, under the modern legal system, through setting up owner's convention and distinguishing the relation between rights and obligations between owners clearly.The thesis, after analysing a large number of real cases, think the definition of the neighbouring relations main body of the academia was too narrow in the past, only limited to the owner and use people with real estate of the neighbouring relations. This text does argument with the real case, think not merely including the owner with real estate of the neighbouring relations and real right use people, should also include creditor's rights and use people ( For instance lessee, using people,etc.) the one that utilized the relation to the real estate actually did not include obligees and independent occupants, and utilize real estate to carry on other subjects of the income. Especially that qualifications of main body with neighbouring relations lawsuit have carried on extensive and deep demonstration to the infrastructure management company in the district and owner's committee." real right law " make careful classification to neighbouring relations, but with the constant development and constant progress of human life of the society, demonstrate some new type characteristics again in the housing district. Shown in the following several aspects: Distinguish the main type that the neighbouring relations of all buildings and space utilize the relation to already become the adjoint lawsuit; Pass through, ventilate, the daylighting is still the hot question of the adjoint lawsuit; Can't quantity thing encroach on the dispute proportion of the adjoint lawsuit rise constantly; Defending the dangerous relation adjointly can't still be ignored.To the new subject of neighbouring relations case emerging constantly and new type in the housing district, in a situation that the law does not still have a clear clause that stipulate, the judge needs to use the right of judging amount of freedom to judge the right and wrong according to relevant legal principles. In 84 articles of" law of real right", have made the clear regulation about the basic principle of the neighbouring relations, but appropriate? Really reflect the law establishment and basic spirit of adjustment to the neighbouring relations, OK? I think I need to carry on essential consideration again, and should reflect the following principles: The neighbouring relations obligee of the real estate must accept the principle of limiting; Realize to the preferential protection principle reflecting the adjoint rights and interests of personality interests; Acknowledge the adjustment function that is used to the neighbouring relations; Acknowledge agreeing on and altering the effect principle of the legal neighbouring relations content partly.